OFF& OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
uct6a for 5 years
8-e to another
2742 E?
l~Artiols 271+2 ~-1 MBS psked in '39 by the 46th
L%Islature and prbvides~ as follows:
*That froa and after the passage of this Act, the
County Boar&or School Trustees in any oouaty in:.this
I:itot6 shell have authority and full. powsr to.ebal.ioh
&. 8. c. Petry, Jk., pap 2
,
.;.
, .
&/& subdivide any common school district, or other
district coming under the jurisdiction of said County
Dosrd, having fsz:er~ than ten (10) resident 6cholostlco
within its boundaries, provided that no piublic school
‘has been oonauctsd in suoh districts for a period of
fire (5) ycers immsdletely preceding such action by t’ :
ssid Couuty~ Board of Sohool Trustees. The territory
:
of any‘such school district so abolished or subdivided
may be atteohed.to any or all contiguous school districts
ordcounty line sahool districts in such manner aa may~b~s
deterriined by fiaid County Doard. It is further I)rovided
that in the ev6nt such newly formed ,sohool dietriot does
not vote t,o a~0ume the same, the County Sohool hoard
shall make an’adjustments of any outs,tanding bonded
indebtadnesa, if there be suoh,. and’provide for an ..,
equitable distribution of all district properties and/or
moneys betlsesn the, distriots affeoted end the territory .:
so divided, detached’ or .added; .~ta.king into consideration
the value of bohool propsrties snd the taxable wealth of
the district affeoted and the territories. so ~divided,
detached or added, as the case may be. Vhen said Gounty
~.Eoard shall have arrived at a :satisfaotory basis. of such
an adjwtment, it shall have ~Dower:to make suoh orders ~.
with referenoe thereto as, ‘shall, beg oonolusive and binding ;
Upoh.the districts so affeoted;~provided, however, that
the trustee ore any residents of the districts or territory
80 ECrf8Oted by the Aot of the County Board .of TrUssfoes as ,
authorized, by this Aot may s.ppeal from the decision .of the
County Board to the District ‘Court. *
Ve would like to point .out in this oonncotiod that
there is no.bonded indebtedness existing in.the coti,on
school dis.trict whioh w’e seek to. abolish and to attach
the territory oomprising same to the Carrfzo Springs
Independent Sohool Dletrict wbloh is a oontlr;uoua school
distriot. It 15 my opinion that tho County Board crf
School Trustees osn at any regular or call mesting
investigate to determine if there dare fever than ten (10)
resident saholcetios within the territory of the school
district souf;ht to be abo,liahed and if there hss been
any, sohool conducted within five (5) yeare previous to
thsir aotion, and if they find that these Cuoto comply
171th their action, they aan at that meeting pass &n order
abolishing EGM distriot and attaching saue to the Indo-
pcndent School District of Carrizo G@nga. It 3,s then
ny opinion that the Carrizo Springa Independent School
District 3oerl of Trustees oould then have a msioti~
and vote by majority to 8.ssuns the as+ district and pass
an osdor to that effect.’
qYe are of the opfnlon that Z;rticle 2742 F has no
bearing oil this situation bcoause it deals with detachin&
one school dist’?lot~ and -attaching .it to another, while
.our present purpose ir to abolish n sohool district .vxhere
fewer t&an tan (10) rcsid ent scholastics ere wZthfn the
territory of the school district and where no’school has
been conducted within five ‘( 5) years. Xc feel that
drtiole 2742 33 standa ulono in VIEW of its peculiar
req,uirenc%lts~, ,and that no notioe RGGd be given en& no
elsotfon need be held and that none of the procedure
required in Article, 2742 F Roed be followed, boceuse by
the very oature of brtiole 2742 E 1.f anyone in said
oomon school dist+ot to be abolished opyosed sold
abollshing.they oould stove in tan (10) resident scholas-
ties and therefore defeat the .puxpose end intention. of
the Statutia passed by the Legislature. It is rcy opinion .~ ;‘.
that if the r60t8 rail Within the Statutes 0r Artiole
2742 E that it .is not neoessal’y to aonstrue Artlole, 2742. E
and 2742,~F together as was done in the case of,tho City
of f%%WELORt Independent Sohool District vs Iiroedus, 182 .‘,..
So. W. 2nd page 406, because fin that aase th6 question’
,0r rewer than ten (10) resident soholsstfce ahd the fact
that no p‘rxb1f.a school had been oonducted within’ a period
Or riVS. (~5.) y&irS W&3 Rot iRYOlV8d. %YebelieYe that When
the: raots are suoh~ that they oome within- the’ terms ore
2742 E that the Statute would stand alone and’ if this be
‘true thp question of p~ooedure is limited to the order
entered by the ‘County 3oard of School Trustees and the
order entered by the new school distrlot accepting the
additional territory..
“I respeotfully request an,oclnlon of the %xlfdft.y
of Article. 2742 E-l- as to whether-ox not it will stana-
alone -withoat requiring the procidum ~set out ih Artfole
2742 F and if it will, then is it sufficient to ebolish
said district by an order of said County School Trustees
with assentof new sohool distYfct of acoeptance of
additional territory? If these two orders -are ell that~ ..
are noedel;where should they be filed or rcoorded so.
that tho County Tax Assessor and Colluctor, who also.
~m~8sft5 and collccta ~taxes for the Carrlzo Springs
Indspendetit .Sehool District, would be authorfzcd to
,start assessing ahd collecting taxss on the additional
territory added to ‘the Carrizo .Springs Independeat Sohool
Dietriot.*
~0x1. H. C;’ tietry, Jr., pege 4
-- .You have oorrectly c$uotad Artlcle 27lJe-1 in your
letter end ive deeu It umectssnry to qdoto It e&sin in this
opinion. 133Aole 2742f, >Iernon’s ,Umotated ~ejrw3 Civil
6tatutG8, read8 aa follcwsr
%GO.~ 1. Xn raab collr.tg of ChZn,%rts the Comty
‘. Boer3 of Trusfsca shell hava tb6, authority,, wtan~ d‘tiy ‘.,
petitionsa as hora:n provldad, to detach fros ena a11n6x
.to ens action1 aistrict tcrrltory wnt;Iguoua to th6 ,~,,,..
common bo’unaary line of tha two districts; $rCviaGd the
hoard of Trustaes or the dietriot to w:iich ths nnnejration
Is to be made &pFrovea, by majority vote, th6 ~ropased
.trsnsf+r of territory ana provlaea, further, that where
.t~he terrltdrf to be d6taCti6d 0xcsea3. ten per cent (lO$)
of.the entire district thegetltfon must; be signed by a
majority .or the trustees of, said ~dlstrict in aaaZtion~ to
6 majority 0r tits,qualified vnters .of the tarxttory to
be aeteohsd. The ptltion ah611 give Che metes 6na.
bounds nor the terrltwy to be detaohea fro6 the one arid.::,
aaaed to th8 othrr~biatrict ma slust ba siptha by 5
.EKijQXity Of the qlubifiW'~VOtar~a retiidlrq in the 8aid '.
ttzritory, 80 detsuheai~ Upon. reoeipt:
oT the. saia petltlbp,
auly signecl, and up+ aotioe ofthe
spjw0va.l
-,oZ.~thrr pro-
.posed ennoration by, the J3orira ~of Txustaea of the distriot’
to vrhlch the terrftory 18 to be ,addcd, the ~ounty~Boaxd.
.ot ‘@ustees ‘ehall pas8 an order t~ruasf6xxPag tie &aid
tsrritory end redeiinlng the bounderi6s of the .diatrict;s
sffeoted by seid trasfer; th6,sei.d order t0 be 2ecord8d
in the Xinuten ~0r the Co~tymP,rb or ‘3XStReR. Provided
tbat~no school. uLstrI.at shall be reaucea to an’eree or ,,
leae than nko &ra$re ‘tiles. :
,‘~,
“QGO. 1-a. Boarh’ of Trustee;
T-h8 Coiity upon
&coi.pt of ths pe,tltion herein presorihed and’vberl thn
edaoakiona) n%siis of tha aOuntg~neoeasitat8 suoh SetiOn,
&ay deteoh rrora any distrfot, oommon or indspendent,
or any, suoh contiguous districts, whether aTeet6d by
G6n6ral or Spssial i.pt, territory to be inoorporataa .
ifit0 a new cto~~~onsohool cr iuacpsndent sohool alstrkt;
pwviaod ,that barore tha Cotity Hoard ma:* ~xx?a en order
dotschlng tii6 nnia territory a113 inoorpnrnfln:~ th6 sF;I.a
aiotr%ot, aotioe,of suah proposed aoticn must be given
in vrrsting to the 0rci0,ers of the,Board or T2usteea 0r
etlch district v!hoee APGAwoult? bti affantea by %ha said
transfer of tzerritory,~ end an opportnslty to bo bcara
on the proposed atxnge be affcrfkd Co officers of such
aistriot; ai& provided further that no: diatrlct shall
be rehuoed below- an'area of nine (9)~square miles, or ..
any distriot created wit& an area of less thaanlne (9)
stusre miles and sufficient taxablo.vcluntions to support
&.IIeffioient school systan. Inthe event the territory
to be detaohed from any district exoCeda ten per cent
(&)o~f the total &rea of the sold distriut, the County
Ijonrd of Trustees must ,have, in addition to the petition
>rasoribed horein, the written approve1 of the proposed.
dstcohment .of territory by a majority of the Board of
Trztees of said district. Any sc'hool diatrfct created
Under the provisions of this Xot shall.be govemod by
the General Lawa rolat~ing to cops'~on and independent
aohool diatriote as they'now. exist.or may hereafter be
snaoted, and it shall be the duty of the County Board
‘of TruEteea, at the time the order for the establishment .'. I ”
of the diatriot 18 made;to appoint a-Board of Trustees . ‘.
for the said.oommon or independent ~ohool distriot as.
.prasoribed by~Genera1 Law.
uAnybonded indebt&lness'a-?feoted by the proposed~. j-
traneter-of territory and 'theeet,ablishment of a new. ~.: '~ ~, i
dfstriat.shall be adjueted'by the Co;laty Board.of Trustees "..
as preaoribed by the General Law; rovidad however that
borore. azqy tax.may be levied over iihe territory of &he
new distriot for the liquidation of its proportlosats part
oP.the outstanding bonded Indebtedness.of any distriCt
from,which the territory ofthe zi8w distriot is .taksn,
ths said new dlstriot'shall vote to asstime the said
indebtedness and authorize the levy of the neces~sary tax.
The said eleotlton shall be held in aocordanoe with the :
Provisions of the General Ler.governing bond tax eleotione
in a common or independent sohool district as the case
may be.
"The petition shall give the~metes end bounds of the
Proposed district a!!d be.signed by a majority of the
qualified voters r68iding in daoh territory-to be detaahed;
Provided that whbn the proposed newt district will subrace
tcrrltory lying in two or more counties, all orders affeot--
1%~ its establishment shall be ooncurred in by~t'le County
soard of Trustecs of each oomty ~oncperned, but the .petition
fCr the establishmant of a Co.Uuty Line District as provided
for hercin shall be eddressed to the County Board of ~Yrustees
of the county in which the princi,nsl. ~~~i‘8001of the new dis-
trict is to he locate3 snd a&tilli&t?4Y!%V@ jUriediOtiOn Of
tie scid district sh& be ve5t6.j in tkc County tioo,rd of
mia OOlmty; Added .Acts 1931, UiId Leg. ,p. 2?5,Ch.l43,01.
._
&n.~H. 0. Petry, Jr., peg6 6
"Sec. 2, Any out,stanaing indebtedness affeoted
.bqr changes in. the. boundaries of sohool aistriots shaU
be adjusted by the County Board of Trustees, as pro-
Viaba in Sectlons 10, 11 and 12 of Chapter 84, dots
of ths 40th Legislature, First Called Session.
Acts 1929, 41st Leg., 1st’ c. s., p. 106, ch. 47.”
\Vi sgree with iou that the problem submitted. by
you is~governea by Article 27426-1, V. A. C. S., ana that
Article 2742r, v. A. c. S., has no appliaation thereto. ...
It is our opinion that if the county Board of.
Trustees Betermines .that there are rewer than ten (10)
resident scholastics .withln the. common school alstrict,
aa thet 'no school has be6n conauctea therein within rive
(5) year&.previous thereto; such Board would be authorized
under &3!ticle 2742e-1 to. make an .order abolishing the ao?nmoq.
school axstrict ana attaohin& its territory to Carrlzo
Springs ,Jndependent Sohool District. You state in your.
letter that the Carrizo Springs Independent Suhool-Distrlat
also proposes to l@ss an horder accepting the new territory;
while we think this his not required by Article 27426-l under
the facts Meted, we think it would be a wholesome ana proper
thing to do. ,~,
'.
Inasmuch.es Artiole 2742e-1 does not provide +or :
notice, it ,is o'ur opinion ,thet'seme is not absolutely reqUirea;
however owe think the giving of.notice ana the affording to
* any interested perties the right ~to be heard would be a very
proper ana wholesome voceaure, ,&a ~6 recommend it, inaamuoh
as the .&eke (Art; 27426-l) provides that .anJTtrustee or I
resident of the d-lstrlot or territory affected by the deoision
0f the County Eosrd ,may appeal from such deoision to the
District ~Court. .-I
The order of the County Board of Trustees sh0uld be .I'
recorded in its minut66. If the darrizo SpringS..l)iStriCt
Boar&of Trustees 'lIlakes an order in the matter it should be
reooraea in its minutes.- certifies copies of each .0r said ~~
Orders could b6
orders be hunded
hsnded to the Tax Assessor-Collector
Asseiisor-Collector his
for his.
informa.tion. .:
We are .also knclosing a copy of opinion No. o-6585
of .this department, which may be helpful on other problems
w~iciE?iZ~ arise with respeot to the matter inquired about,
tO't aXetiOn.
Very truly yours
ATTGRNiiJY GENE!EHAL
GF TEUS
/-T)iz